Disposed¶11

Arun S Malavankar v. Ankush Lakhma Sanekar

Bombay HC24 Jan 2025ALP/229/2024

Case brief

AI extract

What is this about?

Withdrawal of Application for Leave to Appeal (Pvt.) 229/2024, Bombay High Court, Sandeep V. Marne J., 27-11-2025; liberty to file fresh appeal under Proviso to S.372 CrPC 1973 / S.413 BNSS 2023 before Sessions Court per Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320); S.14 Limitation Act 1963 benefit if filed within eight weeks; return of certified copies of impugned orders.

What did the court decide?

Permission to withdraw the Application for Leave to Appeal (Pvt.) No. 229 of 2024 and the Appeal; liberty reserved to file an appeal under the Proviso to Section 372 CrPC, 1973 / Section 413 BNSS, 2023 before the Sessions Court; entitlement to the benefit of Section 14, Limitation Act, 1963 if such appeal is filed within eight weeks; and direction to the Registry to return certified copies of the impugned orders. ¶11

Arun S Malavankar vs Ankush Lakhma Sanekar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Applicant may be permitted to withdraw the pending Application for Leave to Appeal (Pvt.) No. 229 of 2024 and the related Appeal, with liberty to file a fresh appeal under the Proviso to Section 372 CrPC, 1973 / Section 413 BNSS, 2023 before the Sessions Court.

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Court's answer

The Application and the Appeal were permitted to be withdrawn and disposed of, with liberty reserved to the Applicant/Appellant to file an appeal under the Proviso to Section 372 CrPC, 1973 / Section 413 BNSS, 2023 before the Sessions Court, in view of the Apex Court judgment in Celestium Financial.

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Ratio / Principle

If the appeal is filed before the Sessions Court within a period of eight weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

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Key takeaways

The Registry was directed to return the certified copy of the impugned orders to the Applicants.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (Sandeep V. Marne, J.), by order dated 27 November 2025 in Application for Leave to Appeal (Pvt.) No. 229 of 2024 (Arun S Malavnkar v. Ankush Lakhma Sanekar & Ors.), permitted the applicant, on instructions of learned counsel, to withdraw the application for leave to appeal and the appeal itself, reserving liberty to file an appeal under the Proviso to Section 372 of the Criminal Procedure Code, 1973 / Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court, acting in view of the Apex Court judgment in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320). The Court further directed that if the appeal is filed before the Sessions Court within eight weeks, the appellant/applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963, and directed the Registry to return certified copies of the impugned orders to the applicants.

Arun S Malavankar v. Ankush Lakhma Sanekar

Case brief

What is this about?

What did the court decide?

Arun S Malavankar v. Ankush Lakhma Sanekar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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